Misrepresentation And Employment Classification

Summary

Misrepresentation of costs by the agency may be an issue, and you might be classified as an employee rather than a contractor due to NDIAs control over your work. Consider filing a Freedom of Information request, issuing a subpoena, or using an NCAT summons to obtain necessary documents. For legal action, Fair Work small claims may be suitable for sham contracting and underpayment allegations, while NCAT or local court could address misleading conduct. Recovery prospects depend on proving claims, and legal costs vary by case complexity and forum.

Full Conversation

my invoices to the agency, and dated notes of the finance conversation. Missing evidence: NDIA purchase orders/invoices and the agency’s margin calculations. I seek advice on (*) the quickest way to compel NDIA and/or the agency to produce those documents (FOI, subpoena, NCAT summons, etc.); (*) the best forum—Fair Work small-claims as an individual alleging sham contracting and underpayment, or NCAT/local court as the Pty Ltd citing misleading/deceptive conduct; (*) realistic recovery and cost prospects.
To address your situation, here's some general guidance:
*. Compelling Document Production:
- FOI Request: You can file a Freedom of Information (FOI) request to NDIA for relevant documents.
- Subpoena: Consider issuing a subpoena if you proceed with legal action.
- NCAT Summons: Suitable for certain disputes, especially if you file with NCAT.
*. Choosing a Forum:
- Fair Work Small Claims: Suitable if you're alleging sham contracting and underpayment.
- NCAT/Local Court: Consider this if you're focusing on misleading/deceptive conduct as a Pty Ltd.
*. Recovery and Cost Prospects:
- Recovery depends on proving your claims. Legal costs vary based on the complexity of the case and the forum.
Would you like to be connected with local lawyers who can provide more detailed advice tailored to your case?